Declaring July 24th, 1973 As Additional Referendum Day In The Philippines
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Declaring July 24th, 1973 As Additional Referendum Day In The Philippines
Presidential Decree No. 228-A
July 20, 1973
Case Overview and Summary
Summary of Presidential Decree No. 229Supervision of the Commission on Elections (Section 1)
- The Commission on Elections (COMELEC) shall exercise supervision and control over the conduct of voting and canvass of votes in referendums and consultations in barangays (Citizens Assemblies).
General Meeting of Barangay Members (Section 2)
- The barrio captain or barangay head shall call a general meeting to inform members about the referendum details, including date, voting places, and issues to be resolved.
- Full discussions and exchange of views on the issues shall be held during the meeting.
Barangay Referendum Committee (Section 3)
- COMELEC shall appoint a barangay referendum committee for each barangay, composed of a COMELEC representative as Chairman, a barangay council member, and a public school teacher.
- Substitutes may be appointed if necessary.
- Public school teachers appointed to the committee may vote in the assigned barangay center.
Designation of Barangay Center (Section 4)
- COMELEC shall designate a barangay center or centers for voting, preferably in a barrio hall or public building.
- In barangays with more than 600 registered members, multiple centers may be established.
Observers (Section 5)
- COMELEC may designate up to five barangay members as observers in each barangay center.
- Observers have the power to call attention to irregularities, report to the election registrar, and assist the committee as directed.
Who May Vote (Section 6)
- Every registered barangay member who personally appears before the committee shall be entitled to vote.
- Those whose names were omitted from the barangay list may vote upon presenting their registration record or proof of inclusion in previous voter lists.
Official Barangay Ballots (Section 7)
- Official ballots shall be of uniform size and color, provided at public expense, and bound in books of 200 ballots each.
- Ballots shall have detachable stubs and coupons for voter thumbmarks, and shall bear the coat of arms, voting date, and instructions.
- Ballots in areas where Arabic is commonly used shall have Arabic translations.
Casting of Votes (Section 8)
- Voting shall be by secret ballot in designated barangay centers, from 7 AM to 6 PM.
- Voters shall identify themselves to the committee, who will check their names against the barangay list.
- Disputes on procedure shall be decided by the committee by majority vote.
Ballot Boxes (Section 9)
- There shall be two ballot boxes for each barangay center: one for voters aged 15 to 17, and another for voters aged 18 and above.
Manner of Obtaining and Preparing the Ballot (Section 10)
- The voter shall approach the committee, provide personal details, and sign the record of voters.
- The chairman shall deliver a folded ballot to the voter, who shall prepare it in secret in the voting booth.
- After marking the ballot, the voter shall affix their thumbmark on the coupon and deposit the folded ballot in the appropriate ballot box compartment.
Preparation of Ballot for Illiterate or Disabled Persons (Section 11)
- Illiterate or physically unable voters may choose a person of confidence, preferably a relative, to assist them in preparing the ballot inside the voting booth.
- The assisting person shall bind themselves not to reveal the contents of the ballot.
Closing of Voting (Section 12)
- Voting shall stop promptly at 6 PM, except for voters already within 30 meters of the center, who shall be allowed to vote without interruption.
- The chairman shall announce the closing of voting after all eligible voters have cast their votes.
Manner of Counting the Votes (Section 13)
- Ballots from voters aged 15 to 17 shall be counted first, followed by those aged 18 and above.
- The committee shall form piles of 200 ballots, and the chairman shall read the votes aloud while other members record the tallies.
- The totals for affirmative and negative votes shall be summed up and recorded separately for each age group.
Referendum Results (Section 14)
- The committee shall prepare and certify two copies of the referendum results, indicating the date, barangay name and location, number of members, number of voters, and total affirmative and negative votes for each issue.
- One copy shall be transmitted to COMELEC, and the other kept by the barangay head.
- Results shall be prepared separately for each age group.
Canvass by COMELEC (Section 15)
- COMELEC shall convene en banc on the voting day to canvass the referendum results certified by the barangay committees.
- COMELEC shall proclaim the result based on the canvass, and may terminate the canvass if missing results do not affect the outcome.
Postponement of Referendum (Section 16)
- COMELEC may postpone the referendum in any barangay center or political division due to serious causes such as calamities, violence, loss of materials, or other force majeure, after due notice and hearing.
Prohibited Acts and Penalties (Section 17)
- Various acts are prohibited and punishable by imprisonment of 1 to 6 months, including:
- Foreigners influencing or contributing to the referendum
- Giving or accepting free transportation, food, or drinks during meetings or on referendum day
- Soliciting votes or propaganda within the barangay center and 30-meter radius
- Coercion or intimidation by public officers, employers, or armed forces
- Unauthorized printing, distribution, or possession of official ballots
- Opening ballot packages before voting starts
- Failure to vote without justifiable excuse
- Voting more than once or in substitution for another
- Revealing the contents of a voter's ballot
- Obstructing or disrupting the referendum process
- Destroying or tampering with ballot boxes or contents
- Relieving or changing assignment of committee members without authority
- Using non-official ballots without authorization
- Failure to preserve and account for referendum supplies by treasurers
Jurisdiction of Court (Section 18)
- Municipal or city courts shall have jurisdiction over offenses punishable under this decree, subject to appeal to the court of first instance, whose decision shall be final.
Prosecution of Offenses (Section 19)
- COMELEC, through its legal officers, shall have the power to conduct preliminary investigations and prosecute offenses under this decree.
Promulgation of Rules and Regulations (Section 20)
- COMELEC shall promulgate rules, regulations, and forms necessary to carry out this decree.
- COMELEC may procure supplies, materials, or services through negotiation or sealed quotations if public bidding is impracticable.
- COMELEC may hire personnel on a contractual basis if found more expedient and economical.
- If the prescribed periods and dates are no longer reasonably possible upon effectivity, COMELEC shall promulgate governing rules and regulations.
Repealing Clause (Section 21)
- All laws, executive orders, decrees, rules, and regulations inconsistent with this decree are repealed, amended, or modified accordingly.
Appropriations (Section 22)
- The sum of Four million five hundred pesos is appropriated from the national treasury to carry out the purposes of this decree, under the executive authority of COMELEC.
Effectivity (Section 23)
- This decree shall take effect immediately.
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Declaring July 24th, 1973 As Additional Referendum Day In The Philippines
Presidential Decree No. 228-A
•July 20, 1973
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 229 June 28, 1973
PROVIDING FOR THE MANNER OF VOTING AND CANVASS OF VOTES IN BARANGAYS (CITIZENS ASSEMBLIES)
WHEREAS, Presidential Decree No. 210 dated June 8, 1973 provides for a system of registration for members of barangays (Citizens Assemblies):
WHEREAS, the collective views of the members of barangays (Citizens Assemblies) should be ascertained with accuracy so that their decisions on national or local issues be given effect;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution as Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081 dated September 21, 1972, and General Order No. 1 dated September 22, 1972, do hereby order and decree to be part of the laws of the land the following:
Section 1. Supervision of the Commission on Elections. The Commission on Elections shall, in addition to the powers and functions conferred upon it by the Constitution, exercise supervision and control over the conduct...
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